Courts cannot set up trusts, judges find

The parents of a disabled man have lost a long legal battle aimed at having the courts set up a trust to protect a £3m settlement made to him 14 years ago, rather than having him made a ward of court.

The Supreme Court ruled the courts have no power to set up such a trust as sought.

The parents objected to wardship, arguing the process ultimately involved having their son, following medical assessment, declared an “idiot, lunatic or of unsound mind” and would lead to his rights being invested in committees. Their son, in his early 30s, has cerebral palsy. He secured £3m under a 2001 settlement for alleged negligence in the circumstances of his birth at Mount Carmel Hospital, Dublin. The settlement was made without admission of liability.

Prior to any application to have their son made a ward of court, the parents asked the courts should instead direct the establishment of a trust scheme.

That involved several court hearings and decisions but ultimately led to a High Court decision, on a core preliminary issue, the High Court had no jurisdiction to set up such a scheme.

The parents appealed.

Giving the Supreme Court’s judgment,

Ms Justice Mary Laffoy noted that the State had maintained that the parents’ concerns will be addressed in the Assisted Decision Making Capacity Bill 2013.